HAPPY VALLEY TEA CO Vs. DARSHAN LAL

JUDGEMENT

(1.) This civil revision, filed by the defendants arises out of somewhat peculiar circumstances as will be revealed by the facts given below.

(2.) Lala Seo Prasad brought suit No. 461 of 1947 as Karta of the joint Hindu family against the present applicants in the court of Civil Judge, Dehra Dun, for recovery of Rs. 12,412/4/6. During the pendency of the suit Lala Sheo Prasad died and an application for substitution of his legal representatives was made on 1st April, 1949 praying that the name of Lala Darshan Lal be substituted in his place as Kart'a of the Joint Hindu family. Somehow no orders were passed on this application and the suit continued in the name of the deceased Lala Sheo Prasad. The parties entered into a compromise and filed it in court on 11th August, 1949. This was duly verified by the parties and it may be noted that on behalf of the plaintiff Lala Darshan Lal verified it. The compromise was recorded and a decree followed granting instalments to the defendants. Some instalments were also paid in 1950 and 1951 and the total amount thus paid came to Rs. 7,952/-.

(3.) When the mistake was detected an application for amendment of the decree and the plaint was made on behalf of Lala Darshan Lal on 3rd May, 1952. The prayer was that by some oversight his name had not been substituted in place of deceased Lala Sheo Prasad and no orders had been passed on the substitution application dated 1st April 1949 and so necessary amendments in the plaint and the decree may be made. Notices of this application were issued but it appears that the judgment-debtors filed no objections and ultimately an order for substitution of the name of Lala Darshan Lal in place of Lala Sheo Prasad was made and the decree was ordered to be amended by an order dated 2nd of August, 1952.